Allowed

Madhusudan Mondal@Madhu@Narayan@Rabi@Selim v. State of West Bengal

Calcutta HC8 Oct 2020CRM/7559/2020

Case brief

AI extract

What is this about?

This bail application addressed the issue of prolonged detention of under-trial petitioners for ten years. The court emphasized the shocking duration and the severity of potential punishment. Consequently, the court allowed bail subject to personal bonds, cooperation with investigation, and restrictions on leaving jurisdiction.

What did the court decide?

Application allowed; petitioners released on bail by furnishing a bond of Rs.10,000/- each with personal release bond and complying with conditions regarding appearance and jurisdiction.

Madhusudan Mondal@Madhu@Narayan@Rabi@Selim Vs State of West… — Bail and Remand | Calcutta HC (2020)

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08.10.2020 ap 22

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CRM 7559 of 2020

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(Via Video conference)

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In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Bishnupur P.S. Case No. 317 of 2010 dated 29.6.2010 under 18B/19/20 of the Unlawful Activities (Prevention) Act, 1967 read with Sections 121/121A/122/124A/120B of the Indian Penal Code and Sections 25/27/35 of the Arms Act with Sections 3/5 of the Explosive substances Act, 1908.

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And

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In the matter of: Madhusudan Mondal @ Madhu @ Narayan @ Rabi @ Selim & Ors.

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….Petitioners.

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Mr. Arindam Jana Mr. Soumajit Chatterjee

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…for the Petitioners.

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Mr. Ranabir Ray Chowdhury Mr. Mainak Gupta

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…for the State.

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The advocate-on-record for the petitioners undertake to affirm and properly stamp the petition as per the rules within forty-eight hours of resumption of normal functioning of the Court. The petition is taken up through video-conference on the basis of such undertaking.

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It is most shocking that an under-trial has been kept under detention for ten years before trial. The maximum punishment that can be awarded in terms of detention is life imprisonment. The petitioner has undergone practically the whole of the period of punishment. The case is at the argument stage. The last argument was advanced in March 2020.

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For those reasons, we allow this application for bail to each of the petitioners on the under mentioned conditions.

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In the facts and circumstances of the case, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each together with personal release bond of equivalent value to the satisfaction of the appropriate court, South 24 Parganas. The petitioners will cooperate with the investigating officer till the investigation is completed. The petitioners will appear before the concerned trial court on every day fixed for trial and any unexplained absence will entitle the trial court to cancel the bail without reference to this court. We impose an additional condition that the petitioners will not leave the jurisdiction of the local police station without the permission of the Inspector-in-Charge or jurisdictional Court.

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CRM 7559 of 2020 is disposed of.

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(I.P. Mukerji, J.)

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(Hiranmay Bhattacharyya,J.)

Madhusudan Mondal@Madhu@Narayan@Rabi@Selim v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Madhusudan Mondal@Madhu@Narayan@Rabi@Selim v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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